Evidence Of Injustice

FBI's Bullet Lead Analysis Used Flawed Science To Convict Hundreds Of Defendants

(CBS)  Adams says he sent a memo to FBI Director Robert Mueller, stating "we cannot afford to be misleading to a jury" and "we plan to discourage prosecutors from using our previous results in future prosecutions."

But neither the FBI, nor the Justice Department, made an attempt to identify the cases in which flawed testimony had been given, or to notify the defendants, prosecutors or judges involved.

"I think it's a failure on the part of the lawyers at the Department of Justice to own up to a very, very serious error," says Berry Scheck, a director of "The Innocence Project."

The organization has helped free more than 200 wrongly convicted defendants. He says the Justice Department has a legal obligation to notify defendants about any information that might help prove their innocence, even after they have been convicted.

"When federal agents come into court and testify to something that we now know was scientific error that could be crucial, crucial evidence in serious cases … you've gotta go in and make a serious, realistic effort to give people a chance to correct the errors. That's only fair," Scheck argues.

"You can't even begin to talk about raising this issue on appeal if the people involved don't know it happened," he adds.

Only the FBI can identify the cases in which bullet lead analysis was performed, yet it has resisted releasing that information

So 60 Minutes joined forces with The Washington Post to see if we could find some of the cases ourselves. Our producers and Post reporter John Solomon worked with The Innocence Project and a team of summer associates from the New York law firm Skadden, Arps, who conducted computer sweeps of court files.

We managed to identify 250 cases in which bullet lead testimony was a factor, and a dozen where it played a pivotal role in deciding the outcome. And that's after looking at only a small percentage of the total cases.

"There's all together something like 2,500 cases that the FBI analyzed since the 80s. There could be, you know, 30, 40, 50, who knows -- instances where people were wrongfully convicted," Scheck says.

A half a dozen defendants, like a North Carolina pastor who was accused of killing his son-in-law, have already won their freedom or a new trial by appealing bullet lead testimony.

Others, like a Baltimore police sergeant convicted of murdering his girlfriend, and Lee Wayne Hunt, are still in jail.

"I never denied that I was a marijuana dealer in Cumberland County. But I'm denyin' that I ever killed anybody," Hunt says.

"We had fraudulent scientific evidence, that the only concrete evidence that was used in this case, the only physical evidence, was bogus," Hunt's lawyer Richard Rosen tells Kroft.

But Lee Wayne Hunt and his attorney aren't the only ones who believe Hunt was wrongly convicted with bullet lead testimony. At a hearing in January, the case took a strange twist when Staples Hughes, the appellate defender for the state of North Carolina came forward and revealed a secret that he had been keeping for more than 20 years.

"The thing that makes this so terrible is that Lee Wayne Hunt didn't do it. That's what makes it so terrible. He didn't do it. He's not guilty," Hughes says.

Hughes says he's sure of that.

Twenty-two years ago, as a young public defender, Hughes was representing Lee Wayne Hunt's co-defendant in the double murder that sent him to prison for life.

Hughes says his client, Jerry Cashwell, told him in great detail, shortly after he was arrested, how he alone had committed the double murder. Lee Wayne Hunt, he said, wasn't even there. But because of the attorney-client privilege, Staples Hughes was duty-bound to keep the secret.

[techgeek1213]

%u201CIf there is a true and just God%u2026%u201D

Existentialism rejects the notion that there is any "created" meaning to life and the world and that a leap of faith is required of man in order for
him to live an authentic life. There is no true and just God, just the meaning of life proposed by the Dominants.

Dave Matthews screamed "Halloween". It frightened me, but I liked it :-)

[techgeek1213]

%u201CIf there is a true and just God%u2026%u201D

Existentialism rejects the notion that there is any "created" meaning to life and the world and that a leap of faith is required of man in order for
him to live an authentic life. There is no true and just God, just the meaning of life proposed by the Dominants.

Dave Matthews screamed "Halloween". It frightened me, but I liked it :-)

[iseey-2009]

The next question to ask William Tobin is, "how does your investigation relate to Oswald?" Does this expose a cover up and has this cover up caused forty years of injustice to the american people? We have police state operatives in our government that need to be mediated or disposed. We can no longer afford to fill our jails with this corruption.

[vanquishing]

Hunt deserves freedom!!! What an injustice and the North Carolina court won''t even acknowledge the fact they sentenced the wrong man over 20 years ago. NC, you have proof from the DA! What more do you need? Great investigative reporting CBS- now help fight for this man''s freedom!

[eyemdope]

Joggle1106,

If there is a hell, you are destined to rot there, just like the innocent victim you wrongfully accuse of murder that you''re condemning to rot in prison based on completely false ballistic analysis that this 6 month investigation uncovered and that the FBI has unequivocally admitted was flat out wrong. If there is a true and just God, when it''s time to meet your maker I''m sure you will be treated to all the fairness and mercy that you have given to this hapless victim in the miscarriage of justice ... which you make clear as NONE. He might have to rot in prison for the rest of his life in part because of your blind hatred and neglect of the facts of reality, but that''s ultimately insignificant compared to spending an eternity in damnation.

I, for one, look forward to that day for justice to ultimately be served with respects to you and your ilk.

[jogle1106]

Well to all of you who do not live in Fayetteville, NC. A few days ago in the Fayetteville Observer it was anounced that Lee Wayne Hunt will never get a second chance nore will he ever be released from prison. So what do you all think now?

[whatithink-2009]

mitchoncbs,

I take these nazi comments as sarcasm against the system, not supporting nazism.

[whatithink-2009]

cmaples82,

That is where you are wrong. It is also about a lawyer who was told that another person did it alone and this guy was no even there.

[cmaples82]

You know how this story is about is the bullet lead analisis and nothing else who cares if he wasnt linked to the bullet . I would like this man to look me in my face and tell me he didn''t have anything to do with it and then tell me why I wasn''t killed . I have lived my hole life wondering why I was in the house when my parents were killed and why I was left behind .

whatithink, apparently you don''t read many of his comments, especially the ending of each one. He will throw out Nazi comments, and trash everone on here if he gets a chance. That''s all he does and it makes me sick to see those Nazi comments. Go back and read some of them, then ask me.

[whatithink-2009]

mitchoncbs,

What did he say to deserve this comment? If someone is murdered do you think it is right to pick anybody to be punished for the crime? How about you go outside and pick somebody and let''s forget the trial, just throw the person in jail. Is this right?

There is no excuse for you McVet, you low life pice of human garbage....

[mcvet]

well said cuz , I really don''''t even wanna deal with all this cause it makes me so mad that cbs wouldn''''t want to here the victims side of the story .


--------------------------------------------------------------------------------

Posted by cmaples82 at 03:49 PM : Nov 19, 2007
+ report abuse

Excuse me but isn''t this story ABOUT the victim? When an Attorney for a, now dead, man comes forward and TELLS the judge that his client killed the people this man was wrongly convicted of, isn''t that person who was Wrongly convicted the VICTIM? It sounds to me like YOU are just locked in on the idea that somehow those in power can do no wrong. Maybe it''s that or maybe its a lot of bigotry on your part but you should at least LOOK like you''re being fair. Sieg Heil Y''all.

[tbweb]

From now on ...

1) aka- EarlyProphet......2) aka-PeaceProphet
3) aka-MegaProphet ......4)aka-KJVProphet
5) aka-NextProphet........6) aka-TrueProphet
7) aka-LAProphet...........8) aka-NHProphet
9) aka-GoodProphet

... will all be known as Sh*tProphet

Posted by phil-in-Fin at 01:25 AM : Nov 20, 2007,,,

Ditto!

[earlyprophet]

RON PAUL WINS NATIONAL ZOGBY POLL
The results of a nationwide telephone poll, announced by Zogby on November 19th, reveals that a sizeable majority of Americans are looking to vote for a candidate who protects liberty; who wants to shrink government; and who wants to immediately withdraw our troops from Iraq - all positions taken by Texas Congressman Ron Paul. As part of a blind, spread poll commissioned by Jones Productions, respondents were provided with descriptions of four different candidates and asked to choose who they would vote for based on each one''s attributes and political platform. 32.8% of pollees chose Ron Paul, 18.6% chose Rudy Giuliani, 12.6% chose Fred Thompson, while only 15.1% chose Mitt Romney. The results clearly illustrate that the country is crying out for Ron Paul, which is why mainstream media has launched a PR offensive to marginalize his campaign accomplishments and suppress the Congressman''s name recognition. The sample used for the poll had mainly never or rarely used Web sites popular with Ron Paul supporters, such as You Tube, MySpace and Facebook, showing that if those types of Internet users had been more fairly represented, the numbers would be even more in favor of the Congressman. In a seperate question, over 49% of pollees said they would be more likely to vote for a candidate who would begin an immediate withdrawal from Iraq. Zogby indicated that, due to the high level of interest in the poll, they will be issuing a press release on Nov 20th.

[mawhalen]

After watching your investigation of bullet lead analysis, it raised a question in my mind whether those who are likely innocent will have the same opportunity that the three Duke Lacrosse players had; that is, to hire high profile attorneys to prosecute the prosecutors. Injustice, when served in any situation, is always the same. This investigation makes the Duke Lacrosse players look like whinny children who couldn''t deal with "life''s bumps". It makes Michael Nifong look like he was just prosecuting another case.

MA Whalen, NC State Bar Certified Paralegal

[earlyprophet]

ARE WE A NATION OF LAWS?
Consider the Patriot Act. The Law is 342 pages long, or 57,000 words, making it a bit longer than Dostoevsky''s "Notes from Underground" or, if you''re partial to pigs, about twice the size of Orwell''s "Animal Farm." The Patriot Act is the reigning champion of our government''s recent un-American activities. When it was first paraded before Congress and the Senate following the 9/11 attacks, few Members, other than Congressman, Ron Paul dared to vote against it. Most in Congress simply gave it their rubber-stamp of approval, without ever reading it. Why bother? It was, after all, named the "USA Patriot Act." It must be a good thing. Right? Now in effect, the Law wrecks a generation''s worth of constitutional protections against government snooping, legalizing police-state tactics in searches and seizures, criminalizing certain forms of speech and political activity, and opening the way for the mistreatment of foreigners in government custody and wholesale expulsions and imprisonment. It is a repugnant, unnecessary Law that goes against the very principles its name wrongly implies. Yet, it remains unchecked and unbalanced by public opinion, Lawmakers or the Courts. So, yes, we''re a nation of Laws. But the Laws aren''t much to speak of when they''re designed to hoodwink the public to win its docility. Neither is public responsibility much to speak of these days when its docility is secured with nothing more than a ploy-riddled play on the word "patriot."

[whatithink-2009]

"...after 20 years of thinking someone is guilty, then it would be hard to let go of that belief.
Posted by bararei"

- That is the problem.

[bararei]

jogle1106,
How does a reporter looking to make a buck have anything to do with the subject? A man may have been convicted for a crime he did not commit, on what is now shown to be flawed evidence. I feel for you and your family, and understand that after 20 years of thinking someone is guilty, then it would be hard to let go of that belief. But please, think. Would you prefer an innocent man sat in jail because you were convinced that he belonged there, robbing him of HIS life? That hardly seems right or fair.

[cmaples82]

you know I really hate people who think they know everything , you have no idea what your talking about you know what you have seen on TV or what you have read